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methodologies. and that government participation and emergency service to the general <br />public are enhanced by fast and reliable cellular and home internet connectivity; and <br />WHEREAS, there have been recent changes to the mandates of the Telecommunications <br />Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, and other <br />applicable federal and state laws, including, but not limited to, Minnesota Statutes <br />Sections 237.162 and 237.163, that require the City to update its wireless regulations; and <br />WHEREAS, a mechanism for the permitting of Small Wireless Facilities, Micro <br />Wireless Facilities, and distributed antenna systems telecommunication uses is in the best <br />interest of the citizens of the City: <br />THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, <br />MINNESOTA ORDAINS: <br />SECTION ONE: Title 300 of the Lino Lakes City Code is hereby amended to add new <br />Chapter 305, as follows: <br />Chapter 305: Small Wireless Facilities <br />§ 305.01 PURPOSE <br />(1) <br />The purpose of this Chapter is to establish specific requirements for obtaining a <br />Small Wireless Facility Permit for the installation, mounting, modification, <br />operation, and replacement of Small Wireless Facilities and installation or <br />replacement of Wireless Support Structures by commercial Wireless Providers on <br />in the Public Right -of -Way. All other <br />requests for placement of wireless communications equipment in the City shall be <br />in accordance with the Citv's ronnina code. <br />(2) This Chapter does not apply to any Wireline Facilities, including Wireline Backhaul <br />Facilities. A Wireless Provider must obtain an excavation permit pursuant to <br />Chapter 304 of City Code or other applicable authorization for use of the Public <br />Right -of -Way to construct, install, replace, or modify any Wireline Backhaul <br />Facility, such as fiber optic cable. The granting of a Small Wireless Facility Permit <br />pursuant to this Chapter is not a grant of such authorization. <br />§ 305.02 DEFINITIONS <br />In this Chapter, the following terms shall have the meaning ascribed to them below: <br />(1) "Applicable Law" shall mean all applicable federal, state, and local laws, codes, <br />rules, regulations, orders, and ordinances, as the same be amended or adopted from <br />time to time. <br />(2) "Applicant" shall mean any Person submitting a Small Wireless Facility Permit <br />2 <br />